Rule 3 - TRACKING, MANAGING, CALENDARING, ORDERS, & CLOSING CASES3.1.Case Tracking & Managing Cases. The FCO shall establish and maintain a case tracking system pursuant to these Rules, the Rules of Civil Procedure, applicable statutes, and the General Rules of Practice for Superior and District Courts. The FCO shall monitor the pending docket and manage the cases so that all Family Court issues are addressed in a timely and just manner. Counsel of record and unrepresented parties shall cooperate and assist the FCO in identifying and scheduling issues to be heard in their cases.3.2Notices of Hearings/Trials. Except as to ex parte matters, an attorney or unrepresented party scheduling a hearing or trial with the Court must make a good-faith effort to request a date for the hearing or trial when each interested party and counsel are available. Failure to comply with this requirement is an adequate ground on which the Court may grant a continuance. The party desiring a hearing in a Family Court matter shall confer with the FCO in accordance with these Rules to obtain dates and times for the required event, serve the opposing party or counsel with copies of all relevant pleadings, motions, Judicial Assignments, and/or Notices as required and within the time limits set forth by these Rules and any governing statute or Rule of Civil Procedure. All notices and required Forms shall be filed with the Clerk's office for inclusion in the case file, and a copy of the relevant pleading or Motion and any Notices shall be provided to the FCO. FCO will review and consider the other Pitt County Family Court calendar schedules already set for any counsel of record prior to scheduling a hearing date. Family Court may reschedule the last scheduled hearing in the event an attorney is inadvertently double-booked for two hearings on the same date and time. This may be accomplished by rescheduling the last scheduled hearing to another date by Administrative Order, without the necessity of a formal request to continue.
If a party or counsel receiving a Notice of Hearing objects 1) to the matter being heard, or 2) being heard at the date or time designated in the Notice, or 3) to the amount of time needed for the hearing, he or she shall contact the noticing party or counsel immediately and shall attempt to resolve any conflict regarding the scheduling as soon as possible. If the parties reach an agreement for having the matter heard at a different date or time, the moving party shall confer with the FCO to determine if the proposed hearing date and time is available and advise the FCO of the agreement to change the hearing date or time before the assigned Judge, and another Notice setting forth the agreed upon date and time shall be sent by the noticing party to the opposing party or counsel and the FCO. If the parties cannot agree on a new date and time for the hearing, or if a party contends that additional hearing time is warranted, the objecting party or counsel shall file and serve a Motion to Continue pursuant to these Rules, to include a request for additional hearing time. See also Rule 4 below regarding requests to continue or requests for additional hearing time.
3.3Upcoming Court Events. All pending cases shall be scheduled regularly for status conferences, hearings, and/or orientation dates, as may be applicable or necessary to comply with time limits set by these Rules and until the case is resolved in a final form. The FCO will review pending actions and shall schedule cases without upcoming court dates for a status conference, hearing, or other appropriate appearance to ensure that the Court addresses matters in a timely manner. The FCO may obtain an Order from an assigned Judge closing a case administratively. When an Appellate Court remands cases to the Pitt County District Court, appellant's counsel shall promptly notify the FCO so that the case can be scheduled for compliance with the appellate decision.3.4Consolidated Cases. When cases have been consolidated for trial, they will be treated as one (1) case for calendaring purposes, using the oldest case file number. A copy of the Order consolidating the cases for trial shall be filed in each pertinent court file, and all subsequent documents filed thereafter shall be captioned with the oldest file number only. Final Orders or Judgments entered in the consolidated cases shall be filed in each of the consolidated case files.3.5Settlement of Contested Issues. Parties are encouraged to engage in settlement discussions at every opportunity. The FCO recognizes the importance to families and litigants of resolving disputes in a timely manner, of minimizing misunderstandings that frequently occur when resolutions are not committed to writing, and of the Court's responsibilities to assist the parties in resolving these disputes. Unless agreements have been reduced to writing, signed by the parties, their attorneys, and the assigned Judge prior to the time of a scheduled court date, parties and counsel shall appear in court as scheduled. If a resolution has been reached but not reduced to writing at the time of the scheduled court date, the parties and their counsel shall appear as scheduled and shall execute a Memorandum of Judgment/Order (Form AOC-CV-220), unless excused by the Court.3.6Orders and Judgments. Judges shall announce a ruling 1) in permanent custody actions within fourteen (14) days of the hearing conclusion; 2) in postseparation support and alimony actions within fourteen (14) days of the hearing conclusion; and 3) in equitable distribution actions within twenty-one (21) days of the hearing conclusion. Unless prepared by the Court, the Judge shall designate the counsel to prepare the Order or Judgment of the Court. The written Order or Judgment signed and entered in the case shall control the determination of the matter at issue. The Order or Judgment prepared by counsel shall be submitted to the Judge for entry within the time limits prescribed by these Rules or by the date established by the Court. The party preparing the proposed Order or Judgment shall provide an electronic copy of the proposed document to the opposing party or counsel within twenty-one (21) days after the ruling. The opposing party or opposing counsel shall have fourteen (14) days to submit written objections to the proposed Order or Judgment to the other counsel. The parties or counsel shall thereafter have seven (7) days to reach an agreement on the Order or Judgment. If an agreement is not reached on the proposed Order or Judgment, both parties shall submit proposed Orders or Judgments with an Order Submission Form (Form #11, See Appendix of Forms) to the assigned Judge who shall enter an Order or Judgment within seven (7) days of receipt of the proposed documents. Orders or Judgments to which opposing counsel or unrepresented parties have made no response within fourteen (14) days of receipt shall be delivered to the Family Court Office for signature by the assigned Judge. A file-stamped copy of each Order, Judgment, or any dismissal shall be provided to the Family Court Staff by the party or counsel responsible for its preparation. Orders or Judgments identified as delinquent shall be addressed in a timely manner by FCO and/or the assigned Judge, and appropriate sanctions may be imposed by the Court in its discretion and as permitted by law.3.7Closing Cases. In Family Court Matters, when a Judgment or Order is entered which renders any other pending issues moot, FCO and the Clerk shall consult with the assigned Judge to determine whether to close the moot or abandoned issues administratively. Administrative Orders are not needed to close moot issues. Maintenance of court records, including the Judgment Docket, is the province of the Clerk's Office pursuant to N.C. Gen. Stat. § 7A-109.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 3
Adopted January 4, 2023, effective 2/1/2023.